Common questions asked concerning the Barnsley Building Society Conveyancing Panel
from members of the public
My husband and I are first time buyers. Within the 48 hours our property lawyer has forwarded the sale agreement to sign with a detailed report with the expectation that exchange is imminent. Barnsley Building Society have this morning contacted us to advise us that they have now hit a problem as our lawyer is not on their approved list of lawyers. Please explain?
When purchasing a property with the benefit of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme.
Your solicitors should contact Barnsley Building Society and see if they can apply for membership of the Barnsley Building Society conveyancing panel, but if that is not viable Barnsley Building Society will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the Barnsley Building Society conveyancing panel as you are at liberty to use your preferred lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
My wife and I changing mortgage lender for our maisonette with Barnsley Building Society. We have a son approaching twenty who lives with us. The solicitor on the Barnsley Building Society conveyancing panel requested us to identify anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have two concerns (1) Is this form unique to the Barnsley Building Society conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Barnsley Building Society .This is solely used to protect the Barnsley Building Society if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.
It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Barnsley Building Society had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the Barnsley Building Society conveyancing panel. My lawyer has said that they are on the Barnsley Building Society approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the Barnsley Building Society conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the Barnsley Building Society solicitor panel.
Can you clarify what the consequences are if my solicitor is removed from the Barnsley Building Society Solicitor panel prior to the moving date as agreed at exchange of contracts?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have ti instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by the regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
We have a mortgage agreed in principle with Barnsley Building Society. Solicitors have been chosen? How long does it take for Barnsley Building Society to send the offer to our conveyancer
Some lenders take longer than others. Have Barnsley Building Society done the valuation? Have you advised Barnsley Building Society as your lawyers details and checked that your lawyer is on the Barnsley Building Society conveyancing panel? It is not unusual for a mortgage offer to take a month to come through
I have decided to exercise my right to buy my property off the council. I have a mortgage agreed with Barnsley Building Society. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with Barnsley Building Society you will need to appoint a solicitor on the Barnsley Building Society conveyancing panel.
Completion of my remortgage has taken place with a loan from Barnsley Building Society. Conveyancing was of an acceptable standard but I would like to complain about Barnsley Building Society. Who do I contact should I wish to lodge a complaint?
Almost all banks and building societies have complaints procedures. Your first port of call should be one of the Barnsley Building Society branches or the Customer Care Team at Barnsley Building Society head office. Ordinarily complaints to Barnsley Building Society are sorted out very quickly. However if you are not satisfied that the matter is resolved you can write to the
Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.